
If you're struggling with credit card debt from Bank of America, it's essential to understand your options for dealing with collection agencies. Bank of America can sell your debt to third-party collectors, who will then try to collect the debt from you.
If a collection agency is contacting you, know that they may not have all the information about your account. In fact, a collection agency may not even have the correct account balance.
Bank of America is required to provide you with a validation notice within five days of sending your debt to a collection agency. This notice must include the amount of the debt, the name of the creditor, and a statement that unless you dispute the debt, the collector will assume it's valid.
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Bank of America Credit Card Debt
Bank of America is open to settling credit card debt to avoid the costs and resources involved in litigation.
You can negotiate a settlement with BOA and pay it off over a monthly payment plan, making it more manageable.
It's essential to work with an experienced debt defense lawyer to determine whether negotiation is a better strategy than challenging the lawsuit.
Debt Collection and Lawsuits
If you've defaulted on your credit card with Bank of America, they may sue you to recover the debt. Bank of America works with multiple debt collection law firms to handle its Texas credit card lawsuits.
These law firms, including Couch Lambert, LLC, Javitch Block LLC, and Scott & Associates, P.C., file lawsuits in various counties across the state of Texas.
Bank of America Sues Me: Normal?
Bank of America does sue for credit card debt, so if you're facing a lawsuit, it's not uncommon. Many creditors sell old debt to a debt buyer or collection agency for pennies on the dollar to recover some losses.
You can be sued for credit card debt if you've defaulted on your payments. Bank of America may resort to filing a legal action against you to recover the debt.
Bank of America works with multiple debt collection law firms in Texas, including Couch Lambert, LLC, Javitch Block LLC, and Scott & Associates, P.C. These law firms file lawsuits in various counties, often in District Court or Justice of the Peace Court.
If you're sued, don't assume it's a lost cause. You can protect yourself from a default judgment by responding to the lawsuit. This means filing a written response, called an Original Answer, with the court and providing a copy to Bank of America's lawyers.
Your response should address Bank of America's allegations, accept or deny each claim, and provide affirmative defenses based on facts and evidence. For example, you might argue that the statute of limitations has expired or that you're not the cardholder or cosigner.
The answer deadline varies from 14 to 28 days, depending on the court. Make sure to file your response on time to avoid a default judgment.
Here are some key things to keep in mind when responding to a lawsuit:
- Address Bank of America's allegations and accept or deny each claim.
- Provide affirmative defenses based on facts and evidence.
- File your response on time to avoid a default judgment.
Collection Agency Visits Same Account
If you notice a collection agency showing up for the same account on your credit report, it means that account has been sold off or assigned to a collection agency.
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Collection accounts can be a major red flag on your credit report, and it's essential to understand what they mean. Accounts that appear under this heading are generally going to be accounts sold off or assigned out to a collection agency.
The original creditor, such as a bank, will report a charge off on their trade line, which is a separate entry from the collection account. This can make it harder to track down the debt and resolve the issue.
If you want to verify the amount owed or that the debt collector is the proper party to negotiate with, you can do that over the phone with your original creditor.
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Debt Settlement and Resolution
Bank of America may be open to settling debts to avoid litigation costs. If you have a strong case, you can negotiate a settlement with BOA, which can be paid off through a monthly payment plan.
Working with an experienced debt defense lawyer is highly recommended to determine the best strategy for your situation.
Bank of America may sue you if you've defaulted on your credit card. If this happens, the lawsuit will likely be filed by one of several debt collection law firms, including Couch Lambert, LLC, Javitch Block LLC, or Scott & Associates, P.C.
These law firms often file lawsuits in District Court or Justice of the Peace Court, which is a small claims court.
Understanding Credit Card Debt
Credit card debt can be overwhelming, but understanding the basics can help you tackle it.
Credit card debt is typically considered high-interest debt, with average interest rates ranging from 15% to 30% APR. This means that if you only pay the minimum payment each month, it can take decades to pay off the principal balance.
To make matters worse, credit card debt often comes with high fees, such as late payment fees, balance transfer fees, and annual fees. These fees can add up quickly and make it even harder to pay off your debt.
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How to Determine What Bank of America Did with Unpaid Debt
If you're wondering what Bank of America did with your unpaid credit card debt, there are a few ways to find out.
You can start by calling Bank of America and asking who your account was placed with or sold to. Keep in mind that if your credit card balance was sold to a debt purchaser, that buyer may have sold it off to another debt buyer.
You can also run the name of the company trying to collect from you against a list of usual suspects in the debt collection and debt buying world and identify whether the company is likely an assignee or buyer.
Banks charge off credit card debts that remain unpaid, making an accounting adjustment at the time of sale. If Bank of America is later paid through a debt collector they hire, or sells the debt for say 9 cents on the dollar, they adjust the accounting.
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Don't put too much value into anyone of the websites or forums that gave you an impression there is FDIC insurance for charged off credit card debts.
A debt collector may report an additional entry at some point, showing a balance owed to the debt buyer, while the original creditor would show no balance owed to them.
Here's a possible scenario:
Remember, if a debt buyer is reporting the collection account, they'll show a balance owed, while the original creditor would need to show there is no balance owed to them. Be sure your debt balances are not being reported as owed multiple times to multiple places.
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What Drives America's Record Credit Card Debt
High credit card interest rates are a major contributor to America's record credit card debt, with rates averaging around 20% or more in some cases. This can quickly turn a small balance into a large one.
Low savings rates and a lack of financial literacy also play a significant role in credit card debt. Many Americans struggle to save money, making it difficult to pay off credit card balances.
The rise of online shopping and digital payments has made it easier than ever to rack up credit card debt. With just a few clicks, you can buy things you don't need and forget to pay for them.
The average American credit card holder carries around $6,000 in debt. This is a staggering amount, especially when you consider that many people don't have enough money set aside for emergencies.
Credit card companies often use tactics like promotional financing and rewards programs to lure people into debt. These offers can be tempting, but they often come with hidden fees and high interest rates.
The COVID-19 pandemic has also contributed to the rise in credit card debt, as many people turned to credit cards to cover unexpected expenses.
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Frequently Asked Questions
How to pay off credit card debt at Bank of America?
To pay off your Bank of America credit card debt, you can make payments online, by phone, at an ATM, by mail, or by dropping off a payment at a Bank of America location. Choose the method that suits you best and get started on paying off your debt today.
Can I settle debt with Bank of America?
Yes, Bank of America offers debt settlement options, contact us at 855.891.3401 or through Online Banking to discuss your options and work towards a solution.
Are banks forgiving credit card debt?
Banks are unlikely to completely forgive credit card debt, but you may be able to negotiate a partial reduction with your creditors
Sources
- https://www.wmtxlaw.com/what-to-do-if-sued-in-texas-by-bank-of-america-for-credit-card-debt/
- https://consumerrecoverynetwork.com/question/bank-of-america-settling-charged-off-credit-card-debt-collection-debt-buyer-credit-report-mortgage/
- https://www.abi.org/feed-item/bank-account-safe-from-credit-card-debt
- https://wallethub.com/answers/d/bank-of-america-debt-settlement-2140707187/
- https://www.scrippsnews.com/life/money/what-s-behind-america-s-record-breaking-credit-card-debt
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